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Brandon, Esq., Lawyer

Category: Employment Law

Satisfied Customers: 1863

Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

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I was recently "counseled" by management because a coworker

Resolved Question:

I was recently "counseled" by management because a coworker accused me of having a "tone" with her and treating her differently she claimed and threw the word harrassment around. I do not believe i had a tone or treat her any different, i have had personal issues with this coworker outside of work and believe she complained as retaliation and is bringing personal issues into work. And this person is now spreading rumors about me to other coworkers saying i am harrasing her. I do not speak to her at all exvept for when necessary and work realated otherwise i do not interact with her. I am feeling bullied and feel like she is slandering my reputation at work and esentially feel harassed by this person and feel she is purposly creating a toxic work enviroment for me. So my question is what are my options and can my employer dicsipline my for having a "tone" ?

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employee tries to take advantage of a situation like this. Unfortunately, California is an at will employment state. This means that your employer is allowed to write you up or terminate your employment for any reason that does not violate your civil rights or is in breach of contract. When this employee complains of harassment they must be complaining of harassment based on a protected category. Such a category would be because of their age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability

Employment-LawExpert :

It is illegal to retaliate against an employee for making a complaint based on one of these categories.

Employment-LawExpert :

In regards XXXXX XXXXX you can do, if this person is making a false statement of fact about you, you can bring a claim against this person for defamation.

Customer:

What are my options regarding what this person is doing by slandering my reputation and the fact that im esrntially being bullied

Employment-LawExpert :

You can 1) sue her for defamation, or 2) document anything she is doing wrong in the company and then when you have properly documented her legitimate wrong doings terminate her

Employment-LawExpert :

Do you have that ability?

Employment-LawExpert :

or are you equal co-workers

Customer:

What can i do ig i feel my emplyer is mishandling the situayoon. A supervisor saifd she was taking care of it left for vacation the next day and didnt follow up with me.

Employment-LawExpert :

Unfortunately, a supervisor is not required to do anything unless there is a complaint of a protected category. Do you believe you could make an argument that the employee is treating you this way because of a protected category?

Customer:

Yes

Customer:

Yes we are equal

Employment-LawExpert :

Then you should absolutely make that complaint to HR

Employment-LawExpert :

Was the yes to the protected category?

Customer:

Yes it was . Ok thank you

Employment-LawExpert :

If you cannot point to a protected category, then you can try to request a transfer away from this person. However, your employer is not required to do this for you.

Customer:

Ok

Employment-LawExpert :

You would want to point out in a respectful way that you like your job, really like working there, but feel that this person is making this very difficult and wonder if there is anything that they can do

Customer:

I will do that.

Employment-LawExpert :

have i fully answered your question today? Please do not hesitate to ask any follow up questions you may have if you need clarification on anything I have said.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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Has received a certificate of recognition from the California State Senate for his outstanding legal service.

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